Fatal offences- VOLUNTARY MANSLAUGHTER/DIMINISHED RESPONSIBILITY

Question 1

1. S.2(1) OF THE HOMICIDE ACT 1957, D MUST HAVE SUFFERED FROM AN ABNORMALITY OF MENTAL FUNCTIONING WHICH?

Answer 1

• Arose from a recognised medical condition; and
• Substantially impaired D’s ability to:
  i. understand the nature of his conduct; or
  ii. form a rational judgement; or
  iii. expertise self control; and
• provides an explanation.

Question 2

2. BYRNE?

Answer 2

D must have suffered from an abnormality of mental functioning. A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.

Question 3

3. PSYCHOLOGICAL CONDITIONS?

Answer 3

D’s abnormality of mental functioning must be caused by a recognised medical condition. This covers psychological conditions such as severe depression.

Question 4

4. D’S ABNORMALITY OF MENTAL FUNCTIONING MUST HAVE SUBSTANTIALLY IMPAIRED D’S ABILITY TO?

Answer 4

i. understand the nature of his conduct; or
ii. form a rational judgement; or
iii. expertise self control.

Question 5

4. LLOYD?

Answer 5

The impairment need not be total but must be more than trivial.

Question 6

5. D MUST PROVE?

Answer 6

D must prove that his abnormality of mental functioning provides an explanation for his conduct.

Question 7

5. DIETSCHMANN?

Answer 7

D had to show that despite the drink he had sufficient ‘abnormality of mind’ (mental functioning) to impair his responsibility for the killing.